ABORTION IN ALBUQUERQUE, COULD BE FOR NOTHING. THE CITY CLERK HAS CERTIFIED ENOUGH SIGNATURES ON THE PETITION, TO SEND IT TO A VOTE. BUT A LEGAL EXPERT SAYS SUCH A BAN IS NOT CONSTITUTIONAL .. AND WOULD BE OVERTURNED BY A HIGHER COURT. ACTION 7 NEWS REPORTER LAURA THOREN JOINS US LIVE TO EXPLAIN. AND REMEMBER -- THIS INITIATIVE TO BAN CERTAIN ABORTION COULD GO TO A SPECIAL ELECTION THAT'S GOING TO COST YOU THE TAXPAYER 600-THOUSAND DOLLARS. MONEY THAT SOME PEOPLE WOULD CALL WASTED IF WHAT WE'RE VOTING ON ... IS ALREADY DEEMED UNCONSTITUTIONAL. IT'S A PLAN THAT OVER 12,000 ALBUQUERQUE RESIDENTS SUPPORT. TO MAKE ALL ABORTIONS AFTER A FETUS IS 20 WEEKS OLDILLEGAL. BUT IS THAT BANITSELFLEGAL? I think that the ordinance is unconstitutional MOLLY SCHMIDT NOWARA IS AN ATTORNEY WITH EXPERIENCE IN REPRODUCTIVE RIGHTS LITIGATION. SHE SAYS THE PROPOSED BAN ON 20-WEEK ABORTIONS HEADING TO A NOVEMBER VOTE WOULD VIOLATE ROE VS. WADE AND SIMILAR RULINGS. What the courts have emphasized is that these one-size-fit all bans are unconstitutional. SCHMIDT NOWARA SAYS IT COMES DOWN TO THE WORD 'VIABILITY'. clearly a 20 week old fetus and probably older than that, is going to be pre-viable. Meaning it's not going to be viable outside the uterus. AND SHE SAYS AT A PRE-VIABLE STAGE, THE SUPREME COURT RULED A DECISION TO TERMINATE A PREGNANCY. is a private decision between a woman and her healthcare provider. SHE SAYS IF A MUNICIPALITY PUTS THAT KIND OF DECISION - TO A VOTE - THEY'RE VIOLATING FEDERAL LAW. AND DOCTORS AND PATIENTS WOULD CHALLENGE SUCH A LAW. the case law is very clear, that any restriction on pre viability abortions is unconstitutional. SCHMIDT-NOWARA SAID ALBUQUERQUE IS THE ONLY MUNICIPALITY IN THE U-S TRYING TO BAN THE PROCEDURE. LIVE IN DOWNTOWN ALBUQUERQUE LAURA THOREN KOAT ACTION 7 NEWS. SUPPORTERS OF THE BAN, ARGUE THAT AT 20 WEEKS A FETUS CAN FEEL PAIN.

A Justice Department civil rights investigation has concluded that the Ferguson Police Department and the city's municipal court engaged in a "pattern and practice" of discrimination against African Americans.